Wright v. Turner

289 P.3d 309, 253 Or. App. 18, 2012 Ore. App. LEXIS 1297
CourtCourt of Appeals of Oregon
DecidedOctober 24, 2012
Docket060403958; A144126
StatusPublished
Cited by3 cases

This text of 289 P.3d 309 (Wright v. Turner) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Turner, 289 P.3d 309, 253 Or. App. 18, 2012 Ore. App. LEXIS 1297 (Or. Ct. App. 2012).

Opinion

HASELTON, C. J.

In this automobile insurance coverage dispute, defendant, who provided underinsured motorist (UIM) coverage to plaintiff, appeals. The sole substantive issue presented for our consideration is whether, in the particular circumstances of this case — in which plaintiff was injured in a multiple-collision, three-vehicle incident — the trial court erred in failing to apply a provision of the UIM policy, limiting defendant’s coverage to $500,000 “for bodily injury and property damage resulting from any one automobile accident.” (Emphasis added.)1 We determine that the trial court did so err, and, accordingly, we reverse and remand, with an instruction to apply the $500,000 limit of liability to the judgment in plaintiff’s favor.

The material facts are undisputed. On April 16, 2004, plaintiff and her friend Lorenz were traveling together northbound on Interstate 5 from California. As the women entered into Oregon, they encountered a hailstorm on Siskiyou Pass. The hail turned to rain as they descended a steep downgrade. Suddenly, a sedan, driven by Turner, lost control, spun, and collided with the front end of plaintiff’s truck. The two vehicles separated momentarily — and then collided again — before both cars came to rest against a center barrier on the highway median, with both vehicles facing downhill and Turner’s sedan “a few feet” in front of plaintiff’s truck.

After the vehicles came to a stop, Lorenz and plaintiff checked on each other. Then Lorenz, who had been driving, attempted to exit the truck; however, she could not open the driver’s door because the truck was positioned against the barrier. Lorenz pulled herself out of the truck through the driver’s window and walked ahead to Turner’s sedan to check on its occupants while plaintiff remained in the truck. Lorenz observed that Turner and his passenger appeared to need medical attention, so she returned to the truck to retrieve her cell phone to call 9-1-1. While standing outside of the truck, Lorenz implored plaintiff not to exit on the passenger’s side because Lorenz feared that plaintiff would be [21]*21struck by passing traffic. Lorenz then leaned her head and shoulders into the driver’s window and saw her purse on the floorboard, which she asked plaintiff to reach. Plaintiff unbuckled her seatbelt and, as she leaned over to reach the purse, a sports utility vehicle, driven by Oliver, struck the back of the truck. The rear-end impact pushed the truck into the sedan, causing Lorenz to be dragged forward and knocking plaintiff about the cab of the truck. Lorenz and plaintiff survived and received medical attention in Ashland.2

The collisions exacerbated plaintiff’s preexisting spinal degenerative disease and caused emotional distress, for which plaintiff underwent multiple spinal surgeries and therapy. Seeking to recover for her substantial injuries and medical expenses, plaintiff brought an action against Turner and Oliver and sought to collect UIM benefits from defendant to the extent that the other drivers were underinsured. Plaintiff settled with Turner and Oliver, respectively, for a total of $175,000. However, plaintiff and defendant disputed both the amount of plaintiff’s damages as a result of the April 16, 2004, incident and the extent of defendant’s coverage.

As pertinent to this dispute, the UIM policy provides that defendant “will pay damages which the covered person is entitled to recover from the owner or operator of an uninsured motor vehicle because of [bodily injury and property damage] sustained by the covered person and caused by an accident.” (Boldface omitted.)3 The limit of liability provides:

“LIMIT OF LIABILITY
“A. Single Limit
“1. If the Declarations Page shows a single limit of liability for Part C — Uninsured Motorist Coverage, this [22]*22limit is our maximum limit of liability for all damages for bodily injury and property damage resulting from any one automobile accident. This is the most we will pay regardless of the number of:
“a. Covered persons;
“b. Claims made;
“c. Vehicles or premiums shown on the Declarations Page;
“d. Premiums paid; or
“e. Vehicles involved in the accident.”

(Boldface omitted; capitalization in original; emphases added.) The declarations page, in turn, provides, under the heading “COVERAGES AND LIMITS OF LIABILITY”:

“UNINSURED MOTORISTS BODILY INJURY
“UNINSURED MOTORISTS PROPERTY DAMAGE
“SINGLE LIMIT EACH ACCIDENT $500,000”

(Capitalization in original.)

In her first amended complaint, plaintiff alleged that “[t]he insurance contract provides for a limit of $1,000,000 of coverage for damage or injury caused by an underinsured motorist.” Further, the prayer of that complaint sought “damages available in underinsured motorist coverage not to exceed $1,000,000.”

In its answer, defendant admitted plaintiff’s allegation as to coverage limits but denied, inter alia, plaintiff’s allegations as to the extent of her damages and requested a jury trial “to determine the monetary value of plaintiff’s claims.” However, on the first day of trial, during a conference in chambers between the court and counsel before the jury was empanelled, defendant tendered an amended answer to plaintiff’s first amended complaint in which defendant admitted only to “$500,000 of coverage for damage or injury caused by an underinsured motorist.” Plaintiff did not oppose the amendment, and the court allowed it.

[23]*23Defendant also moved in limine to prohibit plaintiff

“from making any contractual type arguments such as breach of contract, payment of premiums, purchase of benefits, policy limits, or any other contract argument other than identifying this case as a claim which is allowed under the contract in order to resolve a dispute between the parties concerning the amount of damages which plaintiff would have been entitled to recover from [Turner] and [Oliver].”

The parties agreed to limit the jury’s role, and the court summarized the pretrial agreement as follows:

“I believe I can fairly state that[, in] our conference in chambers before we began the trial yesterday, there was a consensus that there were so many issues about what the limits were, and how confusing it would be to the jurors to know all these other peripheral issues that we just decided not to make any mention, as you heard me tell the jurors yesterday, not to make any mention of policy limits.
“We agree that it’s a contract action because it’s unclear whether under her insurance policy, there will be one coverage, or two; one policy limit, or two policy limits; whether they’re one occurrence — I’m not even sure what the contract language looks like, but one occurrence or two occurrences; one accident, or two accidents; that we will wait until we see what the verdict looks like, and then we’ll try and sort those issues out.”

(Emphasis added.)

Both parties generally agreed with the court’s synopsis.

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Related

Rorvik v. Pelecanus, LLC
346 Or. App. 172 (Court of Appeals of Oregon, 2025)
Wright v. Turner
489 P.3d 102 (Oregon Supreme Court, 2021)
Wright v. Turner
466 P.3d 682 (Court of Appeals of Oregon, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
289 P.3d 309, 253 Or. App. 18, 2012 Ore. App. LEXIS 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-turner-orctapp-2012.